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Koko: I am just not guilty‚ and should be reinstated

11 December 2017 - 14:26 By Kyle Cowan
Matshela Koko.
Matshela Koko.
Image: Gallo Images / Madelene Cronjé

State-owned power utility Eskom has failed to bring any substantial evidence to support charges against its suspended acting chief executive and former head of generation‚ Matshela Koko.

This is according to Koko’s own closing submissions filed to the chairman of the hearing on Monday‚ in which he reiterates his not guilty plea and sets out his closing arguments in detail.

Koko relies heavily on two documents – one a memo he drafted and presented to former CEO Brian Molefe and another‚ an e-form he printed out and handed to former board chairman Dr Ben Ngubane‚ in which he says he detailed the issues surrounding the possible conflict of interest arising from his stepdaughter Koketso Choma’s directorship and shareholding in Impulse International.

In March this year‚ the Sunday Times revealed that Impulse was awarded a string of contracts worth nearly R1-billion while Koko was acting CEO‚ but Koko has submitted that Eskom could produce no evidence at the hearing or during forensic investigations that he had any influence over the awarding of the contracts.

He has labelled the reports “false”.

Koko was charged with‚ among other alleged offences‚ failing to appropriately declare the potential conflict of interest.

He argues meanwhile that as soon as he had became aware of the potential conflict‚ he had declared it in September 2016 to Molefe and when he became aware of her shareholding through a trust‚ he again declared it – this time to Ngubane.

In closing‚ the submission says there is “no reason” why Koko should not be reinstated as acting chief executive or in his position held previously as head of generation

“It is submitted that Eskom has failed dismally to establish even a prima facie case which Mr Koko was required to meet on any of the charges‚” the submission reads.

“It is also evident that Eskom knew that the evidence that it had at all relevant times‚ after a thorough investigation had been executed by competent investigators‚ was to that effect.

“It nevertheless pursued charges against Mr Koko in proceedings outside of the normal Eskom procedures.”

Chairperson of the hearing Advocate Mzungulu Mtombeni is set to announce this week when he will deliver judgment.


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